BPQ v Children’s Guardian [2015] NSWCATAD 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BPQ v Children's Guardian [2015] NSWCATAD 148 Hearing dates: 22 June 2015 Decision date: 14 July 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: M Hitter, Senior Member Decision: (1) The applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of a conviction on 6 May 1985 in the Melbourne County Court under section 48(1) of the Crimes Act 1958 (VIC); and

(2) The Children's Guardian grant the applicant a working with children check clearance Catchwords: ADMINISTRATIVE LAW – whether the applicant poses a risk to the safety of children – assessment of risk Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1958 (VIC) Cases Cited: BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 The Commissioner for Children and Young People v IK [2005] NSWSC 1136 Commission for Children and Young People v FZ NSWCA 111 The Commissioner for Children and Young People v V [2002] NSWSC 949 Category: Principal judgment Parties: BPQ (Applicant) Children's Guardian (Respondent) Representation: Counsel: H Packer (Applicant) R Lee (Respondent) Solicitors BPQ (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1410681 Publication restriction: Section 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting the publication or broadcast of the name of the applicant without leave of the Tribunal